Criminal Code of Procedure Texas BPOC
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| Detention | Act of keeping back/withholding, either by act or by design
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| Hearsay Testimony | Only allowed in suppression hearing
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| Exclusionary Rule | No evidence obtained in violation is not admissable
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| Fruit of Poisonous Tree | Evidence obtained after illegal action will not be allowed
Wong Sung vs U.S.
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| Exclusionary Rule Case | Mapp vs Ohio
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| Stop and Frisk case | Terry vs Ohio
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| Search within area of immediate control | Schimel vs California
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| 4 Parts of an Arrest | Intent, Authority, Seizure, Understanding
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| Valid stop must have | Reasonable Suspicion
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| When can landlord consent to search | if tenant hasn't paid and process in place to evict
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| Who doesn't need probable cause to search | Border Patrol
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| When do you not need a search warrant | With consent
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| Material Direct Evidence | When an officer testifies in court as to what he saw
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| Capias | Remember the word CLERK. Must be served by a peace officer.
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| Search Warrant valid for | 3 days plus day of issue and day of execution
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| Peace officer may arrest for | Any offense committed within his view
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| Affidavit for arrest warrant is a | Complaint
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| Search warrants can require | Arrest, Search, and Seize
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| Where does Curtlage begin | area that is immediately adjacent to structure
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| Where does open field begin | where the curtlage ends
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| Lawful Arrest allows you to search where | Within area of immediate control
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| What is necessary to get a search warrant | Probable Cause
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| Required for a voluntary consent to search to be valid | Voluntarily and knowingly
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| When can you make an arrest | Anytime
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| When can you break down a door | After giving notice when dealing with felonies
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| Constructive Custody | Person arrested has understanding they are arrested
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| Suspicion | The act of imagining.
Apprehension of something without proof.
On slight evidence
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| Frisk | pat down of outer layer of clothing, bag, vehicle.
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| Force allowed to Frisk | Reasonable and necessary
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| Proof needed to stop and frisk | reasonable suspicion
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| Blacks law definition of Probable Cause |
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| Exclusionary Rule case | Mav. vs Ohio
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| 3 Elements of temporary detention | Something out of ordinary
Attach a person to an activity
Attach an activity to offense
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| Miranda vs Arizona | Right to an Attorney
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